Justia Wyoming Supreme Court Opinion Summaries

Articles Posted in Animal / Dog Law
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The Supreme Court affirmed the decision of the district court granting summary judgment in favor of Defendant and dismissing Plaintiffs' complaint seeking to recover damages for the emotional distress they allegedly suffered when their dogs died after becoming entangled in Defendant's snares, holding that there was no error.In his motion for summary judgment, Defendant asserted that Plaintiffs' emotional distress were not compensable because dogs are considered property. The district court granted the motion. The Supreme Court affirmed, holding (1) under Wyoming law, dogs are property; (2) while Plaintiffs might be entitled to emotional damages for their own injuries, the impact rule did not extend their recovery to emotional damages caused by the dogs' death; and (3) Plaintiffs' argument that recovery for emotional distress damages should be allowed when animate property is negligently harmed is best made to the legislature. View "Cardenas v. Swanson" on Justia Law

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The Supreme Court affirmed the judgment of the district court modifying an arbitration award compensating Appellant, a rancher, for calf damage he sustained during the 2018 grazing season as a result of grizzly bear predation, holding that the district court did not err in modifying the award.Appellant reported the number of his calves dead from grizzly bear predation to the Wyoming Game and Fish Department and submitted a claim requesting that the Department compensate him $349,730. The Department rejected the damage claim and agreed to compensate Appellant $61,203. After the Commission affirmed Appellant requested arbitration. The arbitrators awarded Appellant $266,685 for his calf damage. The Department filed a motion to modify the arbitration award. The district court granted the motion and modified the award to reflect the amount of $61,203. The Supreme Court affirmed, holding that the arbitrators made an award on a matter not submitted to them and thus did not follow the law. View "Longwell v. Wyoming Game & Fish Department" on Justia Law

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Dan Artery was attacked by three Boston terriers that were under the care of Frank Jones and Amy Bates. Artery brought an action against Jones and Bates for injures he sustained during the attack. During trial, Jones admitted one hundred percent liability for the injuries, and the district court dismissed Bates as a defendant. The jury then awarded Artery damages in the amount of $13,059. The district court thereafter ordered Jones to pay Artery's costs. Jones appealed a portion of the awarded costs. The Supreme Court affirmed in part and reversed in part, holding that the district court abused its discretion in awarded costs for witness subpoena service fees for an earlier vacated trial because the original trial date was vacated by the district court on its own motion. Remanded. View "Jones v. Artery" on Justia Law